RI · rules
R.I. Sup. Ct. R. Art. I, R. 34
Emergency Filings
(a) Handling of Emergency Motions. All emergency motions shall be handled
through the Office of the Administrative Assistant to the Chief Justice.
(b) Motions. Any emergency motion to be addressed to the duty justice shall,
unless otherwise ordered by the Supreme Court, or any justice thereof, first be filed
with the Clerk of the Supreme Court. Every such motion shall comply with the
provisions of Rules 18 and 28, and shall be accompanied by the movant's certificate
stating:
(1) That every practicable effort was made to notify all interested parties of the
motion and of movant's intention to seek emergency action by the duty justice
thereon; and
(2) When and how interested parties were notified, or if they were not notified,
why it was not practicable to give them such notice.
Ordinarily, emergency action by the duty justice will not be permitted on any
motion hereunder unless the movant has first invoked the Supreme Court's
jurisdiction, such as through the filing of a notice of appeal or petition for
extraordinary writ. For the purposes of this rule, the term “motion” shall include any
motion, petition, application, or other request for relief which may be addressed to
the Supreme Court.
(c) Procedure for Consideration of Motions. After an emergency motion has been
filed in accordance with the provisions of subsection (b), the Administrative
Assistant to the Chief Justice shall promptly transmit said motion to the duty justice
for consideration. Any response to the emergency motion shall be filed as soon as
possible, or as otherwise ordered by the duty justice or the Supreme Court. If the
duty justice determines that a conference is necessary, the Administrative Assistant
to the Chief Justice shall in due course advise the parties of the time of the conference
and of the justice who will consider the motion.
(d) Cases in which a party is self-represented are not eligible for conferences with
the duty justice.
(e) Purpose. The purpose of this rule is to establish a formal procedure for the
consideration of emergency motions by the duty justice, and the provisions hereof
shall not be construed to alter or in any way affect the provisions of any other order,
statute or rule relating to the filing of motions.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
c949d9a1adb48e7bf7ea280c44c0867d4af966cbbe11a60185ac7ae0a63c7591
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